CJC 4410 Exam 1 Study Guide Crime rates o Early Stable low crime rates o Middle Rapidly accelerating crime rates o Late period Stable high crime rates o The Great American Crime Decline Result of policy or not Historical context Martinson and the KC experiment created an overreaction Police strategies vs sentencing laws Broken Windows vs tough sentencing laws crack down on little crimes to trickle up to harder crimes ultimately decreasing crime Favorite son narrative of crime decline people claim THEIR policy caused the decline of crime The Euphoric Fallacy The trifecta Incapacitation effects Demographics Incarceration main policy change Increased incarceration James Q Wilson s Baby Boom Theory increased crime in the 70 s was due to the fact that younger people were committing crime but this is not what happened Economy Unemployment 8 years after 1991 unemployment dropped by almost 1 2 Rising wages this would mean people could pay their bills reducing the motive for crime because they don t need to steal of sell drugs for money Martinson s Nothing Works The transition from the Justice Model to New Penology o Justice model do crime then do time Based on retributive notions of deserved punishment Crimes conviction and offenders past history of criminal activity Eliminate individualized treatment and discretion o Sentencing policies of JM Sentencing A specific crime would carry a clearly identifiable sentence length not a broad minimum and maximum Parole release would be eliminated Sentence length would be determined by sentencing guidelines that considered only the past history of criminal activity and the current crime of conviction Intermediate sanctions intensive supervision bootcamps monitoring Truth in sentencing must serve substantial amount of time before being released 2 3 of states complied 1994 Crime Act o Shifts in the 3 areas discourses objectives techniques Shift from individual concerns to aggregate concerns Implications Increased reliance on imprisonment Concerns for surveillance and custody Shifts in 3 distinct areas Discourse o New language Clinical diagnosis is replaced by probability and risk o Advancement of statistical methods Objectives o Main objective efficient control of internal system processes Identifying and managing unruly groups o Goal is NOT to eliminate crime but to make it tolerable through systematic coordination o Declining significance of recidivism Used to be the universal criterion for assessing success or failure of a penal program o New penology lowers one s expectations about the criminal sanctions o Three major features of new penology Expansion of Penal Sanctions Now fit the goals and objectives of New Penology Changed the nature of prison Intermediate sanctions used for risk management purposes Emphasis not on treatment and eradication but as a risk Drugs and Punishment indicator Innovation new objectives New techniques New penology revamped old methods and made them fit the o Target the offenders as an aggregate o Concerned with the rationality of the managerial process not individual behavior o Expanded use of incapacitation Selective incapacitation identify high risk offenders and maintain a cheaper and longer term of control over them while investing in less intrusive controls for lower risk offenders o Use of intermediate sanctions for surveillance Classical school of criminology o Inspired by the ideas of the Enlightenment o Human beings are Rational Calculating Hedonistic self centered Caesar Beccaria o Essay on Crimes and Punishment o Components o Key Theme Crime is the product of free will and rational deliberation Cost benefit analysis Harsh critique of the irrational cruelty and the impulsiveness of the existing laws Propose a series of reforms o System of punishment that was swift and certain but only severe enough to deter potential criminals Deterrence model o Certain swift and proportionately severe o Deterrence a potential criminal that refrains from committing a crime because of an anticipated legal punishment o Assumption humans are rational and self interested beings o Policy implication if criminal behavior is consistently met with swift and strong enough punishment it will tilt the balance of that calculation away from criminal to non criminal behavior Stafford and Warr s Reconceptualization personal experience with punishment doing crime getting caught and punished effect on perceived risk on perceived risk Personal experience with punishment avoidance doing crime getting away with it effect Vicarious experience with punishment knowing of others who do crime and get caught and Vicarious experience with punishment avoidance knowing of others who do crime and get punished effect on perceived risk away with it effect on perceived risk Ex You get caught trying to buy drugs from an undercover cop and as a result you never try to buy drugs again this is an example of which type of deterrence a Vicarious experience with punishment b Vicarious experience with punishment avoidance c Personal experience with punishment d Personal experience with punishment avoidance o Paternoster and Piquero s 2003 findings Piquero et al 2004 hypothesized that sanction certainty perceptions are modified in response to individual s experiences Simultaneous effect of general and specific deterrence Overall deterrent effect of perceived risk was dependent on a combination of personal and vicarious experiences Limitation inability to test the difference between vicarious punishment and vicarious punishment avoidance No measure for the consequences of peer s illegal behavior Abnormal finding specific deterrence increases illegal behavior Sherman 1993 Defiance Labeling Results of Piquero s study Change in perceived certainty Arrest and peer offending Knowledge of peer criminal activity more so than personal experience More pronounced among na ve offenders Starting value of certainty profoundly affects change in perceived certainty Deterrence research should concentrate on non offenders as well as active offenders Non offender s perceptions of punishment certainty can change Implications of Piquero s study Importance of peer influences Rational explanations o Flaws of the deterrence doctrine Normative consensus differences Conceptualization of the penal sanctions National Institute of Justice Research severity o Empirical research on deterrence Focus on certainty of punishment as the primary means for deterring criminals not Focus on objective